Orange County NC Website
000wSWn Envelope ID:roEroC40~^CE8-418r~^r0r-78004o4r00*4 <br /> 4. Insurance: Provider shall obtain at its mole expense, Commercial General Liability <br /> Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may <br /> be required by County's Risk Manager au such insurance /equirocncrVe are described in the Orange County <br /> Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (cuob document is <br /> incorporated herein by reference and may be viewed at <br /> If County's Risk <br /> Manager determines additional insurance coverage ia required such additional insurance shall consist ufN/A <br /> (if no additional insurance required mark N/A aa being not opp|icuh|e). Provider shall not commence work <br /> until such insurance is in effect and cerdficu1ioothereof has been received bythe County's Risk Manager. <br /> 5. : The Provider agrees to defend, indemnify, and hold bunn|ems Orange County <br /> from all losses, liabilities, oiuinna, demands, ankx, uoutn` damages or czpenucm (including reasonable <br /> attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or <br /> destruction of any property caused in whole or in part by any negligent or intentional act or omission on the <br /> part of the Provider, its agents, or assigns directly or indirectly n:|u1ed to the Services to be performed <br /> pursuant<o this Agreement on the part of the Provider. <br /> (. Termination: This Agreement may be terminated at any time by mutual written agrsoouco1 of <br /> the parties orbythe County upon written notice to the Provider. County may suspend this Agreement upon <br /> reasonable notice 0o the Provider. <br /> 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to he <br /> bound by all of its 1cona, and further agree that it constitutes the uurop|ctu and exclusive wiu1enoon1 of the <br /> Agreement between the pmfica nn|cme and until modified in p/d1in& and signed by the parties. This <br /> Agreement together with any amendments or modifications may be executed o|eoinouival|v. All electronic <br /> signatures affixed hereto evidence the intent of the 9mfiea to comply with Article l|}\ and /\dic|c 40 of <br /> North Carolina General Statute Chapter 66. <br /> @. Priori : In determining the basic services to he provided, should any doounueu1e he <br /> referenced in or attached tothis Agreement, the terns of this Agreement shall have priority iu any conflict <br /> between the terms of referenced documents and the terms of this Agreement. <br /> 9\ Both pmficm agree that this Agreement mbuU be governed bythe |uwu of the <br /> State of North Carolina. Provider shall u1 all times remain in compliance with all applicable local, state, and <br /> tedocu} iumwo, rules, and regulations including but not limited to all anti-discrimination laws. By executing <br /> this Agreement Provider affiunmthat Provider ie and shall remain iu compliance with Article 2of Chapter 64 <br /> of the North Carolina General Statutes. <br /> 10. Dispute Resolution: Any and all enho or actions\o enforce, interpret, or seek damages with <br /> respect to any provision of, or the performance or non-performance of, this Agreement ohuU be brought in <br /> the General Court of Justice of North Carolina sitting in Orange County, North Carolina. Itin agreed bythe <br /> parties that no other court oba|| have jurisdiction or venue with respect to such aubo or actions. Binding <br /> arbitration may not be initiated hy either Party, however, the Parties may agree \o nonbinding mediation of <br /> any dispute prior to the bringing of such suit oraction. <br /> l] : Provider acknowledges that County is u governmental entity, and the <br /> validity of this Agreement ia based upon the availability of public funding under the authority of its statutory <br /> mandate. In the event that public funds are unavailable and not appropriated for the performance of County's <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty 10 County <br /> immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 1/16 <br />